Alexander Bykhovsky request to set aside default judgment and declaration, Rojas v. Bottom Line Concepts LLC, No. 2:23-cv-02667 (C.D. Cal.), Doc. 113 (May 29, 2025)

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A motion by defendant Alexander Bykhovsky to set aside a default judgment, filed May 29, 2025 as Document 113 in Rojas v. Bykhovsky, Case No. 2:23-cv-02667-AH-KS, in the U.S. District Court for the Central District of California, before Judge Anne Hwang. Bykhovsky asks under Federal Rule of Civil Procedure 60(b)(1), citing mistake, inadvertence and excusable neglect, to set aside the default judgment entered April 30, 2025. He states that he was never personally served, is not a call center operator and did not make or authorize the calls at issue. The filing includes his declaration, a request for 21 days to file a responsive pleading and a proposed order.

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“Alexander Bykhovsky request to set aside default judgment and declaration, Rojas v. Bottom Line Concepts LLC, No. 2:23-cv-02667 (C.D. Cal.), Doc. 113 (May 29, 2025).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/alexander-bykhovsky-request-to-set-aside-default-judgment-and-declarat-54d00424cb/, SHA-256 cefecfaddc425f56766fb2e846ae2b3faae4e2f483b650b2f7a792f212c9ad2a.

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA MI tev

Jorge Alejandro Rojas,

Plaintiff,
Vv.

Alexander Bykhovsky, et al.,
Defendants.

Case No.: 2:23-cv-02667-AH-KS
Judge: Hon. Anne Hwang

MOEN TO SET ASIDE DEFAULT JUDGMENT

TO THE HONORABLE COURT AND ALL PARTIES:

Defendant Alexander Bykhovsky respectfully requests that the Court set aside the
default judgment entered on April 30, 2025, under Federal Rule of Civil Procedure
60(b)(1), on the grounds of mistake, inadvertence, and excusable neglect.

BACKGROUND

I was named as a defendant in this action but was never personally served with the
Complaint or Summons. I had no notice that a judgment was being sought against —
me until recently, when I learned about the default judgment from a third party.

I am not a call center operator and did not make or authorize any of the alleged
calls. I was not involved in the direct marketing or delivery of the ringless
voicemails at issue in this case.

Moreover, I did not profit from the business in question and have limited financial
means to respond or defend myself without proper notice.

LEGAL BASIS
Federal Rule of Civil Procedure 60(b)(1) allows a party to seek relief from a final

| judgment due to mistake, inadvertence, surprise, or excusable neglect. This motion
is timely filed within 30 days of discovering the default judgment.
Case 2:23-cv-02667-AH-KS Document113_ Filed 05/29/25 Page2of3 PageID
#:701

REQUEST FOR RELIEF

I respectfully ask this Court to:

1. Set aside the default judgment entered against me on April 30, 2025.

2. Allow me 21 days from the date of the order to file a responsive pleading.
3. Grant any further relief the Court deems just and proper.

|

DECLARATION OF ALEXANDER BYKHOVSKY

I, Alexander Bykhovsky, declare as follows:

1. lam the named defendant in this case.

2. I was never personally served with the Complaint or Summons.

3. I had no meaningful involvement in the alleged TCPA violations.

4. I did not manage or operate the business in question.

5. I received no financial benefit from the calls.

6. I only recently learned that a default judgment was entered against me.

7. lam requesting the Court to set aside this judgment so I may properly respond.

I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct.

Executed on May 29, 2025 at Los Angeles, California.

Alexander Bykhovsky
Case 2:23-cv-02667-AH-KS Document113_ Filed 05/29/25 Page3of3 PageID
#:702

1. The default judgment entered on April 30, 2025, against Defendant Alexander

Bykhovsky is hereby SET ASIDE.
2. Defendant shall have 21 days from the date of this Order to file a responsive

pleading.

PROOF OF SERVICE

I certify I served this motion on Jorge Rojas via email to rojas.jorge96@gmail.com
on May 29, 2025.

Alexander Bykhovsky

File and source

File: gov.uscourts.cacd.881087.113.0.pdf
Size: 1,559,086 bytes
SHA-256: cefecfaddc425f56766fb2e846ae2b3faae4e2f483b650b2f7a792f212c9ad2a
Our copy: gov.uscourts.cacd.881087.113.0.pdf
Original: storage.courtlistener.com